The Town Board shall provide for the services of a
Building Inspector. The Building Inspector is hereby given the duty,
power and authority to enforce the provisions of this chapter. He
shall examine all applications for permits, issue permits for the
construction, alteration, enlargement and occupancy of all uses which
are in accordance with the requirements of this chapter and all nonconforming
uses, record and file all applications for permits with accompanying
plans and documents and make such reports as may be required.

Building permits for a variance from the requirements
of this chapter and for such special uses as may be enumerated in
Schedule I hereof[1] shall be issued only upon written order of the Planning
Board or Zoning Board of Appeals.

Purpose. To ensure compliance with the provisions
of this chapter, no person shall erect, alter or convert any structure
or building or part thereof nor alter the use of any land subsequent
to the adoption of this chapter until a building permit has been issued
by the Building Inspector. Building permits may be valid for a limited
period of time for special uses of a temporary nature as set forth
herein and for other uses as may be regulated by the Zoning Board.
No building permit shall be issued for any building where the site
plan of such building is subject to approval by the Planning Board
except in conformity with the plans approved by said Board.

Water supply and sewage disposal. All water supply
and sewage disposal installations shall conform to the New York State
Department of Health and New York State Department of Environmental
Conservation regulations. No site plan shall be approved by the Building
Inspector in any district unless such conformity is certified on the
plan.

Application. All such applications shall be accompanied
by a site plan that shall have been approved by the Planning Board.
For uses that do not require site plan approval, a survey shall be
submitted, in duplicate, drawn to scale, showing the actual shape
and dimensions of the lot to be built upon, the exact size and location
of any building, sign, parking or loading area or other physical feature,
existing and intended use of each building or part of a building,
the number of families, dwelling units, employees, offices or other
appropriate units of occupancy which the building is designed to accommodate
and such other information as may be necessary to determine compliance
with this chapter. One copy of such plans shall be returned to the
owner when such plans shall be approved. One copy each of all applications
with accompanying plans and documents shall become a public record
after a permit is issued or denied.

It shall be the duty of the Building Inspector to
issue a building permit, provided that he is satisfied that the structure,
building, sign, parking area and the proposed use conform to all requirements
of this chapter, and the New York State Uniform Fire Prevention and
Building Code, and that all other reviews and actions, if any, called
for in this chapter have been complied with and all necessary approvals
secured therefor.

All building permits shall be issued in duplicate,
and one copy shall be kept conspicuously on the premises affected
and protected from the weather whenever construction work is being
performed thereon. No owner, contractor, workman or other person shall
perform any building operations of any kind unless a building permit
covering such operations has been displayed as required by this chapter,
nor shall be perform building operations of any kind after notification
of the revocation of said building permit.

Denial of permits. When the Building Inspector is
not satisfied that the applicant's proposed development will meet
the requirements of this chapter, he shall refuse to issue a building
permit, and the applicant may appeal to the Zoning Board of Appeals
for a reversal of the Inspector's decision.

Revocation of permits. If it shall appear at any time
to the Building Inspector that the application or accompanying plan
is in any respect false or misleading or that work is being done upon
the premises differing materially from that called for in the applications
filed with him under existing laws or ordinances, he may forthwith
revoke the building permit, whereupon it shall be the duty of the
person holding the same to surrender it and all copies thereof to
said Building Inspector. After the building permit has been revoked,
the Building Inspector may, in his discretion, before issuing the
new building permit, require the applicant to file an indemnity bond
in favor of the Town of Mamakating with sufficient surety conditioned
for compliance with this chapter and all laws and ordinances then
in force and in a sum sufficient to cover the cost of removing the
building or structure if it does not so comply.

Expiration. Every building permit to be issued by
the Building Inspector shall expire if the work authorized by the
building permit has not commenced within the time period after the
date of issuance set forth below or has not been completed within
the time period set forth below. Work authorized by a building permit
shall commence and be completed as follows:

Swimming pools: The work pursuant to the building
permit must commence and be completed within six months after the
issuance of the building permit or by October 31 of that year, whichever
comes first; building permits for swimming pools may not be renewed
upon expiration of the foregoing period.

Wood stoves: The work pursuant to the building permit
must commence and be completed within six months after the issuance
of the building permit; building permits for wood stoves may not be
renewed upon the expiration of said six-month period.

Demolition: The work pursuant to the building permit
must commence and be completed within six months after the issuance
of the building permit or by such other period of time after the issuance
of the building permit as the Building Inspector, in the exercise
of his reasonable discretion, determines; building permits for demolition
work may not be renewed upon the expiration of said time period.

Decks: The work pursuant to the building permit must
commence and be completed within six months after the issuance of
the building permit; upon the expiration of said six-month period,
the Building Inspector may, in the exercise of his reasonable discretion,
renew the building permit for one additional period of six months.

Garages/sheds: The work pursuant to the building permit
must commence within six months after the issuance of the building
permit and must be completed within one year after the issuance of
the building permit; upon the expiration of said one-year period,
the Building Inspector may, in the exercise of his reasonable discretion,
renew the building permit for one additional period of one year.

Additions/alterations: The work pursuant to the building
permit must commence within six months after the issuance of the building
permit and must be completed within one year after issuance of the
building permit; upon the expiration of said one year period, the
Building Inspector may, in the exercise of his reasonable discretion,
renew it for one additional period of one year.

New home: The work pursuant to the building permit
must commence within six months after the issuance of the building
permit and must be completed within two years after the issuance of
the building permit; upon the expiration of said two-year period,
the Building Inspector may, in the exercise of his reasonable discretion,
renew the building permit for one additional period of one year.

Commercial buildings: The work pursuant to the building
permit must commence within six months after issuance of the building
permit and must be completed within two years after the issuance of
the building permit; upon the expiration of said two-year period,
the Building Inspector may, in the exercise of his reasonable discretion,
renew it for one additional period of two years.

Wells: The work pursuant to the building permit must
commence and be completed within six months after the issuance of
the building permit; building permits for wells may not be renewed
upon the expiration of said six-month period.

Septic: The work pursuant to the building permit
must commence and be completed within six months after the issuance
of the building permit; building permits for septic may not be renewed
upon the expiration of said six-month period.

Stop order. Whenever the Building Inspector has reasonable
grounds to believe that work on any building or structure is being
prosecuted in violation of the provisions of the applicable building
laws, ordinances or regulations, or not in conformity with all the
provisions of the application, plans or specifications on the basis
of which a building permit was issued, or in an unsafe and dangerous
manner, he shall notify the owner of the property, or the owner's
agent, or the person performing the work, to suspend all work, and
any such person shall forthwith stop such work and suspend all building
activities until the stop order has been rescinded. Such order and
notice shall be in writing, shall state the conditions under which
the work may be resumed, and may be served upon a person to whom it
is directed either by delivering it personally to him or by posting
the same upon a conspicuous portion of the building under construction
and sending him a copy of the same by registered mail.

In accordance with § 280-a of the Town Law,
no building permit for the erection of any building shall be issued
unless a street or highway giving access to such proposed structure
has been duly placed on the Official Map or plan or, if there is no
map or plan, unless such street or highway is:

No building or structure erected subject to the New
York State Uniform Fire Prevention and Building Code and the provisions
of this chapter shall be used or occupied, except to the extent provided
in this section, until a certificate of occupancy has been issued.

No change shall be made in the use or occupancy of
a building or structure unless a building permit and new certificate
of occupancy authorizing the change of use shall have been issued.
A change in use shall include, but not be limited to, a change in
or of the type, class, nature or scope of the goods, services or operation.

The owner shall make application for the certificate
of occupancy. After completion of the whole building or structure
and upon the sworn application by the owner or his duly authorized
agent setting forth such facts as the Building Inspector may require
and after actual inspection of the premises by the Building Inspector
or his duly authorized assistant, the Inspector shall, upon finding
the facts to be as represented, issue, in duplicate, a certificate
of occupancy. The certificate of occupancy shall certify that the
premises comply with the provisions of this chapter and may be used
for the purposes set forth in the certificate of occupancy, which
purposes shall conform to the requirements of this chapter.

Upon request, a temporary certificate of occupancy
may be issued if the building, structure or lot or a designated portion
of a building, structure or lot is sufficiently improved that it may
be put to the use for which it is intended. A temporary certificate
of occupancy may, at the discretion of the Building Inspector, be
renewed an indefinite number of times. A temporary certificate of
occupancy may be issued where the required landscaping, concrete work,
final asphalt course, or other improvement has not be installed due
to seasonal or other constraints; provided, however, that such other
portions as have been completed may be occupied safely without endangering
life or public welfare. The applicant shall be required to furnish
a performance bond or other security from the owner or holder of the
building permit, which bond or other security shall run to the benefit
of the town. The form and the amount of security shall be set and
held by the Town Board, upon the advice of the Building Inspector
and the Town Engineer, with the approval of the Planning Board, and
in such form acceptable to the Town Attorney. Every application for
a temporary certificate of occupancy shall be accompanied by a fee
in accordance with the Fee Schedule of the Town of Mamakating.

No certificate of occupancy shall be issued except
upon an inspection which reveals no uncorrected deficiency or material
violation of the New York State Uniform Fire Prevention and Building
Code and the provision of this code in the area intended for use.

The Building Inspector of the Town of Mamakating is
authorized to issue a certificate of occupancy in regard to any building
or structure upon receiving from a licensed professional engineer
or architect as-built plans and a sworn certification which, to the
satisfaction of the Building Inspector, certifies that the building
complies with all requirements of the Town of Mamakating and the New
York State Uniform Fire Prevention and Building Code for the issuance
of a certificate of occupancy which existed at the time erected, notwithstanding
that said premises may not have the otherwise requisite building permits.
Said certificate of occupancy shall recite that the certificate is
issued upon the certification of the licensed professional engineer
or architect and that the building complies with all requirements
of the Town of Mamakating and the New York State Uniform Fire Prevention
and Building Code for the issuance of a certificate of occupancy at
the time enacted and that the Town issues the certificate of occupancy
solely on the basis of that certification and not on the basis of
any independent inspection or investigation.

No change of use shall be made in any building, structure
or premises now or hereafter erected or altered that is not consistent
with the requirements of this chapter. Any person desiring to change
the use of a premises shall apply to the Building Inspector for a
building permit prior to receiving a new certificate of occupancy
for the change in use. A copy of the certificate of occupancy shall
be kept at all times upon the premises affected and shall be displayed
upon request made by any Building Inspector or police officer. A record
shall be kept of all certificates of occupancy issued, and the original
applications therefor shall be kept on file in the same manner as
applications for building permits. A certificate of occupancy once
granted shall continue in effect so long as there is no change of
use, regardless of change in the personnel of tenants or occupants.

Legislative findings and intent. The Town Board finds and determines
that in order to promote the public welfare and provide for open and
transparent government processes, full and fair disclosure of all
persons comprising or controlling an entity making a land use application
or undertaking development of land or a structure must be required.
Therefore, this section requires a nonperson entity making a land
use application or undertaking development of land or a structure
to disclose the names and contact information of the persons who own,
comprise or control the entity. Such disclosure will inform the public
concerning the names of the individuals behind the land use application
or development, will facilitate application review by the reviewing
boards, and will better disclose actual or potential conflicts of
interest. The requirements of this section shall apply to all pending
and future land applications.

The legal, beneficial and equitable owner(s) of land proposed
for development in a land use application, including but not limited
to the holder of an option or contract to purchase, or a person or
entity having a proprietary interest in such land, or a person or
entity authorized to make and process a land use application.

The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure; mining or
excavation; any change in, or extension of, the use of any land, building
or structure.

An application form and other documents submitted by an applicant
for review and approval of a building permit, subdivision plat, site
plan, special use permit, conditional use permit, variance, zoning
amendment, certificate of occupancy, or any other permit, approval
or certificate required necessary or requested for development of
land or a structure.

A land use application that lists an entity as owner, applicant
or other person of interest shall include, as part of the application,
and as a prerequisite to the land use application being deemed complete
or heard or considered, a completed entity disclosure statement, affirmed
and sworn to under the penalty of perjury, in a form approved by the
Town Board. The form of the disclosure statement may be amended from
time to time by resolution of the Town Board.

If a property for which a land use application is pending is
sold or transferred and/or the ownership or control of an entity is
changed, an updated entity disclosure statement shall be submitted.
The reviewing board, officer or employee shall suspend review of the
land use application until the entity submits the updated entity disclosure
statement. There shall be no development of any land, building or
structure until a current and complete entity disclosure statement
is submitted. If site work or construction of a building or structure
has commenced, the Building Inspector is authorized to issue a stop-work
order, which shall remain in effect until the updated entity disclosure
statement is submitted.

The Town Board, Planning Board, Zoning Board of Appeals, Building
Department, or any municipal board, officer or employee shall not
process, hear, rehear, approve, or sign any land use application,
plans, permit or certificate unless and until a current and complete
entity disclosure statement is submitted.

If the applicant is an entity, the name, address and contact
information for each owner, member, shareholder, officer, director,
beneficial owner, general partner, limited partner and authorized
person of the entity shall be disclosed. If any owner, member, shareholder,
beneficial owner, general partner or limited partner is itself an
entity, then the name, address and contact information of any member,
shareholder, director, officer, beneficial owner, general partner
or limited partner or authorized person of that entity shall be disclosed.

If an entity, its representative(s) or other person fails to
submit, update or keep current a complete and correct disclosure statement
required by this section, or otherwise violates a requirement of this
section, such entity, its representative(s) or other person shall
be subject to a civil penalty, not to exceed $5,000, assessed by a
court of competent jurisdiction.

In addition to the penalties prescribed in this section and
in state law, any entity or person who violates any provision of this
section shall be liable for all reasonable attorneys' fees, consultant
and expert fees, costs and disbursements incurred by the Town in any
legal proceeding to enforce the requirements of this section and/or
to recover a civil penalty.

Right of entry. The Building Inspector, or his authorized
agent, upon the showing of proper credentials and in the discharge
of his duties, may enter upon any land or building or structure at
any reasonable hour, subject to all applicable laws.

Complaints of violations. Whenever a violation of
this chapter occurs, any person may file a complaint in regard thereto.
All such complaints must be in writing and shall be filed with the
Building Inspector, who shall properly record such complaint and immediately
investigate and report thereon to the Town Board.

Procedure for abatement of violations. In case any
building or structure is erected, constructed, reconstructed, altered,
repaired, converted or maintained or any building, structure or land
is used in violation of this chapter or of any ordinance or regulation
made under authority conferred hereby, the Town Board or the Building
Inspector, in addition to other remedies, may institute any appropriate
action of proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
to restrain, correct or abate such violation, to prevent the occupancy
of said building, structure or land or to prevent any illegal act,
conduct, business or use in or about such premises.

A violation of this chapter is hereby declared to
be a violation, punishable by a fine not exceeding $250 or imprisonment
for a period not to exceed 15 days, or both. Each week's continued
violation shall constitute a separate additional violation.

A violation of this chapter shall be subject to a
civil penalty enforceable and collected by the Town in the amount
of $250 for each such offense. Each week's continued violation shall
constitute a separate additional violation. This provision is in addition
to all other remedies to which the Town may be entitled as a result
of a violation of this chapter.

In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained or any building, structure
or land is used or any land is divided into lots, blocks, or sites
in violation of this chapter, the proper local authorities of the
town, in addition to other remedies, may institute such appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance, use or division
of land, to restrain, correct or abate such violation, to prevent
the occupancy of said building, structure or land or to prevent any
illegal act, conduct, business or use in or about such premises, and,
upon the failure or refusal of the proper local officer, board or
body of the Town to institute any such appropriate action or proceeding
for a period of 10 days after written request by a resident taxpayer
of the Town so to proceed, any three taxpayers of the Town residing
in the district wherein such violation exists who are jointly or severally
aggrieved by such violation may institute such appropriate action
or proceeding in like manner as such local officer, board, or body
of the Town is authorized to do.

Nonapplicability. This section shall not apply to
violations of the provisions of the New York State Uniform Fire Prevention
and Building Code punishable under § 382 of the Executive
Law of the State of New York, nor to violations of the provisions
of the Multiple Residence Law punishable under § 304 of
the Multiple Residence Law of the State of New York.

Professional fees; intent. The intent of this section
is to reimburse the Town of Mamakating for all expenses incurred in
connection with the review of applications made to the Building Inspector,
Planning Board or the Zoning Board of Appeals. Both the Planning Board
and Zoning Board of Appeals and the Town Building Department of the
Town of Mamakating are hereby empowered to charge an applicant the
expense for professional fees incurred by either of said Boards or
Building Department for professional fees which are incurred as a
result of professional work required to be done on behalf of either
of said Boards or Building Department as a result of the filing of
an application seeking approval by it.

Professional services. Such professional services
shall include, but not be limited to, architects, attorneys, engineers,
planning consultants, and traffic consultants for services rendered
in connection with the above.

The professional involved, who will be hired at the
request of either of the above said Boards or Building Department,
will submit a statement setting forth the nature of services performed,
the date such services were rendered, the time spent thereon (if such
services are rendered in a timed basis) and the name of the party
rendering such services. A voucher or other bill rendered to the Town
and paid by the Town shall be deemed a fee statement in full compliance
with this section.

Payment of the fee by the applicant shall be a prerequisite
for approval of the application but shall be paid regardless of whether
approval is granted or not. If the relief sought by the applicant
is granted but the fee(s) is not paid, the issuing authority can revoke
its action ex parte and afterwards notify the applicant for the same
of said revocation and that the relief sought will not be regranted
until the fees are paid.

Disputed fees. Any applicant who disputes any fee
statement presented to him may bring a proceeding in the Supreme Court
of the State of New York, in and for the County of Sullivan, pursuant
to Article 78 of the Civil Practice Law and Rules of New York, within
30 days after presentation of such disputed fee statement. The commencement
of such a proceeding shall not stay the obligation of the applicant
to pay any fee statement presented to him pursuant to this chapter.

Failure to reimburse fees. Any fee statement imposed
by this section which remains unpaid at the time the Town certifies
its annual tax roll shall become a lien upon the premises for which
the application was made. Such unreimbursed fees shall thereupon be
levied against said premises, as if a tax on real property, and in
addition to all other taxes, fees, rents, or charges which would otherwise
be so levied. In the event the affected premises comprise more than
one tax lot, the Town Treasurer shall distribute such levy equally
among such tax lots without regard to assessed value or any other
factor.